New York Implied Consent Lawyer

New York Implied Consent Lawyer

Getting pulled over for suspected drunk driving can be scary. You may feel confused about your rights and the laws around refusing or consenting to chemical testing. That’s where an experienced New York implied consent lawyer can help. They understand the complexities of these laws and can advise you on the best legal strategy.

In New York, there’s something called an “implied consent” law. This basically means that by driving on public roads, you automatically consent to be tested for intoxication if an officer has probable cause to suspect you’re driving under the influence (DUI). Refusing this chemical test can lead to severe penalties, potentially worse than a DUI conviction itself.

What is Implied Consent?

New York’s implied consent law is found in the state’s Vehicle and Traffic Law section 1194. It states that any person operating a motor vehicle in New York is “deemed to have given consent” to a chemical test to determine their blood alcohol content (BAC) or presence of drugs.

This applies to breath, blood, urine or saliva testing. An officer only needs reasonable grounds to believe you’re DUI. At that point, they can declare you’re required to take a chemical test and will read you an “implied consent warning.”

This warning informs you that refusal to submit to the requested test can lead to suspension or revocation of your license and prohibition from operating a motor vehicle. Basically, it’s telling you that you already agreed to testing when you got behind the wheel in New York.

Refusing the Chemical Test

You do have the right to refuse the test, but there are consequences. First, your license will be immediately suspended for at least one year. For a first offense, it’s revoked for at least 18 months if you had a prior DUI conviction in the past 5 years.

There is an exception called a “hardship privilege” that allows you to drive to work and other necessary activities during your revocation period. But you must request this privilege from the Department of Motor Vehicles (DMV) and it isn’t guaranteed.

The second consequence is that your refusal can be used as evidence against you in court. While you can’t be criminally charged for refusing the test, the prosecutor can tell the jury you refused. From this, they’ll infer you likely had something to hide regarding your sobriety.

Should You Refuse the Chemical Test?

Whether to refuse the chemical test is a complicated decision. An experienced DUI lawyer can help you weigh the pros and cons for your specific case. In general though, refusing often leads to worse penalties than taking the test, unless your BAC results would have been extremely high.

For a first DUI offense, the maximum license suspension is one year for refusing versus only 6 months for failing the test. And again, a refusal allows the prosecutor to portray you as hiding something at trial. The judge may view you more harshly if you refused.

However, if your BAC would have been above 0.18%, the mandatory minimum jail sentence is greater than for a refusal conviction. So in cases of extremely high intoxication, refusing the test may be wise.

Challenging Probable Cause

Rather than refuse the test outright, your implied consent lawyer may recommend challenging probable cause. This means arguing the officer didn’t have a valid reason to suspect you were DUI and require the test.

If the judge agrees there was no probable cause, your license cannot be suspended for refusing. And the prosecutor cannot use your refusal against you in court. Fighting the validity of the traffic stop and chemical test request can get the entire DUI charge thrown out.

Next Steps If You Refuse or Fail the Test

Being charged with DUI or DWAI (driving while ability impaired) is a serious offense in New York. The penalties get harsher for repeat convictions within 10 years. You face hefty fines, license suspension, potential jail time, and alcohol counseling programs.

That’s why it’s so important to hire a skilled DUI attorney to represent you. They know how to build a strong defense by examining the arrest details. This includes reviewing police reports for errors, analyzing chemical test procedures, investigating the accuracy of breathalyzers, and more.

An attorney can also negotiate with the prosecutor, arguing to get charges reduced or dismissed. And if necessary, they’ll vigorously defend you at trial. Don’t go through this alone. Consult with an experienced New York DUI lawyer as soon as possible after an arrest.

Finding the Right Lawyer

Choosing the right lawyer is critical, so do your research. Look for an attorney who:

• Focuses specifically on DUI/DWI defense, not general practice
• Has extensive knowledge of New York implied consent and DUI laws
• Is familiar with local courts, judges, and prosecutors
• Has a proven track record of positive case results
• Makes you feel comfortable and provides clear guidance

Also consider experience, client reviews, professional associations, and fees when comparing attorneys. Be wary of lawyers making unrealistic promises or pushing you to plead guilty right away.

Handling these cases takes skill, tenacity, and resources. So be prepared to invest in the best representation you can afford. It’s worth it to maximize your chances of the most favorable outcome.

What Happens at the DMV Hearing?

After refusing or failing a chemical test, the arresting officer will confiscate your license and give you a temporary paper license. They’ll also give you information on requesting a DMV hearing.

This hearing must be requested within 7 days. It takes place prior to any court proceedings. The only issues considered are whether the officer had probable cause to stop you and ask you to submit to testing.

It’s critical to have legal counsel present at this hearing to argue against the license suspension. A DUI lawyer knows how to pick apart the officer’s claims if there were any flaws in the traffic stop or investigation.

If the hearing is successful, the suspension will be overturned right away. This prevents you from losing your license before the criminal case even goes to court.

Should You Accept a Plea Bargain?

Prosecutors often offer plea bargains in DUI cases. This means pleading guilty in exchange for having the charges reduced or some penalties lifted. Common examples include:

• Pleading to reckless driving rather than DUI
• Pleading to DWAI instead of DUI
• Agreeing to alcohol counseling to avoid jail time

An experienced lawyer can advise if a plea deal is advisable in your case. The goal is to minimize penalties while avoiding a risky trial. However, pleading guilty requires accepting some consequences versus fighting the DUI entirely.

Never accept a plea bargain without fully understanding the repercussions. And be wary of lawyers who push clients to plead guilty without first examining defenses and options thoroughly.

Possible Defenses

While DUI cases can seem daunting, there are often viable defenses an skilled lawyer can utilize. Here are some examples:

• No probable cause – Officer lacked valid reason to stop you and require field sobriety/chemical tests
• Faulty breathalyzer – Machine wasn’t properly maintained or calibrated
• Medical conditions – Diabetes, acid reflux, injuries can mimic signs of intoxication
• Medication side effects – Prescriptions and over the counter drugs may cause impairment
• Mouth alcohol – Breath test inaccurate due to burping, vomiting, gum, etc

An attorney will thoroughly examine if any defenses apply in your case. Having an aggressive lawyer makes prosecutors less likely to pursue harsh penalties.

How a Lawyer Can Help

Here are some of the most important ways an experienced DUI lawyer can help:

• Review police reports for illegal actions, errors
• Contest the traffic stop and probable cause
• Challenge chemical test procedures and results
• Raise doubt about officer training and credibility
• Negotiate plea bargains with reduced penalties
• Defend you at DMV hearings and trial if needed
• Guide you through the complex legal process

Don’t leave your fate in the hands of the police and courts. The consequences can haunt you for years. Be proactive in protecting yourself with a top New York DUI lawyer.

Why an Attorney is Worth the Cost

Some motorists hesitate to hire a lawyer due to the costs. But it’s a wise investment that pays off in the long run. A DUI conviction leads to some of the highest insurance rate hikes – potentially hundreds of dollars extra per month. Not to mention fines, classes and lost work time.

Paying legal fees upfront saves you money over the years by:

• Avoiding conviction through dismissal or acquittal
• Having charges reduced to lesser offenses
• Minimizing penalties like fines and jail time
• Preventing an ignition interlock device from being required
• Keeping your license so you can maintain employment

Don’t let money stand in the way of the strongest defense. Most lawyers offer flexible payment plans. It’s a worthwhile investment in your future.

Takeaways

• New York’s implied consent law means you agreed to submit to DUI testing when driving here.
• Refusing the chemical test leads to license suspension and negative inference at trial.
• Probable cause can be challenged to avoid suspension and get evidence thrown out.
• Experienced lawyers know how to build a strong defense against DUI charges.
• Don’t plead guilty without exploring options – a conviction brings harsh penalties.
• The costs of a good lawyer pay off by achieving the best possible outcome.

Don’t go through this stressful process alone. Consult with a knowledgeable New York implied consent lawyer right away for trusted advice and strong representation. They have the expertise to protect your rights and potentially avoid conviction. With so much at stake, having expert legal guidance on your side is critical.